Financial Close. 24.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close within 180 (one hundred and eighty) days from the date of this Agreement and in the event of delay, it shall be entitled to a further period of 60 (sixty) days, subject to payment of Damages to the Concessioning Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the Performance Security for each day of delay, provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 90 (ninety) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Concessioning Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2 or due to Force Majeure. For the avoidance of doubt, the Damages payable hereunder by the Concessionaire shall be in addition to the Damages, if any, due and payable under the provisions of Clause 4.3.
Appears in 4 contracts
Samples: Draft Concession Agreement, Draft Concession Agreement, Concession Agreement
Financial Close. 24.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close within 180 270 (one two hundred and eightyseventy) days from the date of this Agreement and in the event of delay, it shall be entitled to a further period of 60 not exceeding 90 (sixtyninety) days, subject to payment of Damages to the Concessioning Authority in a sum calculated at the rate of 0.10.05% (zero point one zero five per cent) of the Performance Security for each day of delay, ; provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 90 270 (ninetytwo hundred and seventy) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Concessioning Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2 or due to Force Majeure. For the avoidance of doubt, the Damages payable hereunder by the Concessionaire shall be in addition to the Damages, if any, due and payable under the provisions of Clause 4.3.
Appears in 3 contracts
Samples: Draft Concession Agreement, Concession Agreement, Concession Agreement
Financial Close. 24.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close within 180 (one hundred and eighty) days from the date of this Agreement and in the event of delay, it shall be entitled to a further period of 60 not exceeding 185 (sixtyone hundred and eighty five) days, subject to payment of Damages to the Concessioning Authority in a sum calculated at the rate of 0.10.05% (zero point one zero five per cent) of the Performance Security for each day of delay, ; provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 90 180 (ninetyone hundred and eighty) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Concessioning Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2 or due to Force Majeure. For the avoidance of doubt, the Damages payable hereunder by the Concessionaire shall be in addition to the Damages, if any, due and payable under the provisions of Clause 4.3.
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Financial Close. 24.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close within 180 (one hundred and eighty) days from the date of this Agreement and in the event of delay, it shall be entitled to a further period of 60 not exceeding 30 (sixtythirty) days, subject to payment of Damages to the Concessioning Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the Performance Security for each day of delay, ,; provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 90 180 (ninetyone hundred and eighty) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Concessioning Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2 or due to Force Majeure. For the avoidance of doubt, the Damages payable hereunder by the Concessionaire shall be in addition to the Damages, if any, due and payable under the provisions of Clause 4.3.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Financial Close. 24.1.1 24.1.1. The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close within 180 60 (one hundred and eightySixty ) days from the date of this Agreement and in the event of delay, it shall be entitled to a further period of 60 not exceeding 15 (sixtyfifteen ) days, subject to payment of Damages to the Concessioning Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the Performance Security for each day of delay, or for a further period not exceeding 300 (three hundred) days, subject to payment of Damages specified in Clause 4.3; provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 90 180 (ninetyone hundred and eighty) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Concessioning Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2 or due to Force Majeure. For the avoidance of doubt, the Damages payable hereunder by the Concessionaire shall be in addition to the Damages, if any, due and payable under the provisions of Clause 4.3.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Financial Close. 24.1.1 21.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close within 180 120 (one hundred and eightytwenty) days from the date of this Agreement and in Agreement. In the event of delaydelay in achieving the Financial Close, it the Concessionaire shall be entitled to a further period of 60 not exceeding 90 (sixtyninety) days, subject to payment of Damages to the Concessioning Authority in a sum calculated at the rate of 0.10.05% (zero point one zero five per cent) of the Performance Security for each day of delay, provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 90 120 (ninetyone hundred and twenty) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Concessioning Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2 or due to Force Majeure. For the avoidance of doubt, the Damages payable hereunder by the Concessionaire shall be in addition to the Damages, if any, due and payable under the provisions of Clause 4.3.
Appears in 2 contracts
Samples: Draft Concession Agreement, Draft Concession Agreement
Financial Close. 24.1.1 18.1.1. The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close financial close within 180 (one hundred and eighty90(ninety) days from the date of this Agreement and in the event of delay, it shall be entitled to a further period not exceeding 60(sixty) days ,subject to payment of Damages to the Authority in a sum calculated at the rate of 0.25%(zero point two five percent) of the performance security for each day of delay, or for a further period not exceeding 60 (sixty) days, subject to payment of to Damages to the Concessioning Authority specified in a sum calculated at the rate of 0.1% (zero point one per cent) of the Performance Security for each day of delayClause 4.2, provided that the Damages specified herein shall be payable every week month in advance and the period beyond the said 90 (ninety) days shall be granted only to the extent of Damages so paidadvance; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Concessioning Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2 4.1.1 or due to Force Majeure. For the avoidance of doubt, the Damages payable hereunder by the Concessionaire concessionaire shall be in addition to the Damages, if any, due and payable under the provisions of Clause 4.34.2.
Appears in 1 contract
Samples: Concession Agreement
Financial Close. 24.1.1 5.23.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close within 180 17 (one hundred and eightyseventeen) days from the date of this Agreement and in the event of delay, it LoA. It shall be entitled to a further period of 60 not exceeding 30 (sixtythirty) days, subject to payment of Damages to the Concessioning Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the Performance Security for each day week of delay, ; provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 90 30 (ninetythirty) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Concessioning Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2 or due to Force Majeure. For the avoidance of doubt, the Damages payable hereunder by the Concessionaire shall be in addition to the Damages, if any, due and payable under the provisions of Clause 4.3.
Appears in 1 contract
Samples: Concession Agreement
Financial Close. 24.1.1 23.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close within 180 90 (one hundred and eightyninety) days from the date of this Agreement and in the event of delay, it shall be entitled to a further period of 60 (sixty) days, subject to payment of Damages to the Concessioning Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the Performance Security for each day of delaydelay with a limit of maximum up to 10% of the Performance Security, provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 90 (ninety) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Concessioning Authority Government in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2 or due to Force Majeure. For the avoidance of doubt, the Damages payable hereunder by the Concessionaire shall be in addition to the Damages, if any, due and payable under the provisions of Clause 4.3.
Appears in 1 contract
Samples: Concession Agreement
Financial Close. 24.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close within 180 90 (one hundred and eightyninety) days from the date of this Agreement and in the event of delay, it shall be entitled to a further period of not exceeding 60 (sixty) days, subject to payment of Damages to the Concessioning Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the Performance Security for each day of delay, ; provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 90 (ninety) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Concessioning Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2 or due to Force Majeure. For the avoidance of doubt, the Damages payable hereunder by the Concessionaire shall be in addition to the Damages, if any, due and payable under the provisions of Clause 4.3.
Appears in 1 contract
Samples: Concession Agreement
Financial Close. 24.1.1 25.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close within 180 120 (one hundred and eightytwenty) days days21 from the date of this Agreement and in the event of delay, it shall be entitled to a further period of 60 not exceeding 90 (sixtyninety) days, subject to payment of Damages to the Concessioning Authority [in a sum calculated at the rate of 0.10.05% (zero point one zero five per cent) of the Performance Security for each day of delay, ]; provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 90 120 (ninetyone hundred and twenty) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Concessioning Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2 or due to Force Majeure. For the avoidance of doubt, the Damages payable hereunder by the Concessionaire shall be in addition to the Damages, if any, due and payable under the provisions of Clause 4.34.2.1.
Appears in 1 contract
Samples: niti.gov.in